HANGING ROCK IRON CO. v. P. H. & F. M. ROOTS CO.

Nos. 3552, 3553.

10 F.2d 154 (1925)

HANGING ROCK IRON CO. v. P. H. & F. M. ROOTS CO. UNION FURNACE CO. v. SAME.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied December 9, 1925.


Attorney(s) appearing for the Case

Moses B. Lairy, of Indianapolis, Ind., for plaintiffs in error.

Harvey J. Elam, of Indianapolis, Ind., for defendant in error.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.


PAGE, Circuit Judge.

In these cases there was a provision in each contract for substantially equal monthly deliveries of iron, and that the contract should be treated as separate for each installment. The price fixed was f. o. b. cars seller's furnace. There was no provision as to place of delivery, but there was evidence that defendant had two places to which it had theretofore had iron, purchased from one or both of plaintiffs, shipped, and there was some evidence...

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